Here's the problem as I see it. The magnitude of his crimes are virtually unprecedented, and his lifespan is quite short, so in truth I think that almost all of these discussions are academic. The question then becomes, if a 13 year sentence is functionally the same as a 150 year sentence, it seems you can basically buy some deterrent value with very little personal cost. Now that said, I think the judge will be sensitive to seeming absurd or seeming to overtly pander, so my guess is he'll impose a sentence consistent with Madoff being a young guy. Say something around 600 months (or 50 years) Maybe a touch more. If there were a betting pool, I'd put my money on 56 years.
The usual things obtain when you're talking about sentencing: Is this really a life we want to waste in prison? The problem is, in his case, with the number of victims and the length of the fraud, there is a very good argument that he's done nothing but carry on a massive criminal enterprise for the bulk of his life. So other than the acceptance of responsibility, I'm not sure I see a lot of argument for anything that would genuinely count as leniency.
So what do you think the Judge sentences Madoff to?
Leave your predictions in the comments...
my controversial book about a day in my life as Public Defender in the South Bronx is finally available for Kindle and Ipad.
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